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New transposition guide launched today

The Government has today published revised guidance on the transposition of European legislation to ensure that the UK implements EU laws in the clearest and least burdensome way possible.

The guidance sets out:

• New clearance procedures for significant European legislation during negotiation and transposition through the Panel for Regulatory Accountability
• Any proposed over-implementation will need to be justified by a cost-benefit analysis, specifically approved by the Panel for Regulatory Accountability
• Transposition should mirror as closely as possible the original wording of the directive, having regard to the need for coherence with existing domestic legislation
• Departments should take note of how other Member States are approaching transposition so that the relative burdens of the different approaches are understood and best practice can be shared.
• New procedures to make Transposition Notes more accessible for Parliament and the public, and any proposed over-implementation to be highlighted within the Transposition Note.

David Miliband welcomed the launch of the revised guidance and said:

‘This guide is an essential tool for policy makers and lawyers involved in handling EU legislation. It will encourage clear thinking about the practicalities of implementing legislation right from the start, so that policies are delivered in the most proportionate and effective way.’

Notes to Editors

1. Transposition is the process of writing Community law into national legislation. The government’s policy is to transpose so as to achieve the objectives of the European measure, on time and in accordance with other UK policy goals, including the need to minimise burdens on business.
2. The Panel for Regulatory Accountability has been established to hold departments to account for their regulatory performance. It scrutinises all new regulatory proposals that impose a significant cost upon business.
3. The revised guidance on transposition can be found at http://www.cabinetoffice.gov.uk/regulation/docs/europe/pdf/tpguide.pdf http://www.cabinetoffice.gov.uk/regulation/documents/pdf/tpguide.pdf [Edit revision – Link changed 23/11/2006] [1.24MB PDF]
4. Hard copies of the guidance are available from the Regulatory Impact Unit, Tel: 020 7276 2172
5. Media enquiries: 020 7276 2154 Regulatory Impact Unit

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